197 A.D. 205 | N.Y. App. Div. | 1921
The action is upon an account stated. The plaintiff’s assignor was an attorney at law for the defendant in an action entitled Conklin v. Shonts. On the 27th day of April, 1920, he wrote to the defendant inclosing a bill for professional services, in the following words:
“ April 27,e 1920.
“ Conklin vs. Shonts
“ Roland R. Conklin
" to
“ Arthur C. Hume, Dr.
“ Balance due for legal services, etc., in this action, to date........,.........'.......... $2,600 00
“ Received payment.”
It was competent for the jury to find, and we must assume that they did so find, that defendant paid no attention to the letter or bill for five months. On September 29, 1920, the plaintiff’s assignor having assigned his claim to the plaintiff, this action was brought thereon, and the complaint declared upon an account stated. Judgment went for the plaintiff, and the defendant appeals.
It has been held that in cases where prices are not agreed
Contracts between an attorney and his client, which are favorable to the attorney and are made during the relationship between the parties, stand upon a different basis from ordinary contracts between persons who deal at arm’s length. The provision of the Judiciary Law, section 474, to the effect that the compensation of the attorney is governed by agreement, express or implied, which is not restrained by law, applies only to contracts that are made before the services are entered into, and not to those made during the relationship of attorney and client. (Whitehead v. Kennedy, 69 N. Y. 462.) The doctrine is stated by Mr. Justice Latjghlin in Boyd v. Daily (85. App. Div. 581) as follows: “ The general rule is that as to contracts made between the attorney and client subsequent
Under these circumstances it was incumbent upon the attorney to prove not only the rendition of the bill and the defendant’s acquiescence therein, but also to produce evidence from which the jury might judge whether the compensation was fair and reasonable for the services rendered and whether the defendant had such full knowledge of the nature and extent of the services rendered him as to be capable of exercising a fair- judgment as to the reasonableness of the bill. This evidence was not introduced by the plaintiff, and the judgment, therefore, should be reversed and a new trial granted, with costs to abide the event, and the finding of fact implied in
Judgment and order reversed and a new trial granted, with cost to abide the event.
Mills, Rich, Putnam and Jaycox, JJ., concur.
Judgment and order reversed and new trial granted, costs to abide the event.